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Monthly State Update:
MAJOR DEVELOPMENTS IN 2007

(as of 04/01/2007)

This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.

Abortion Bans to Replace Roe

MISSISSIPPI: (ENACTED)In March, Gov. Haley Barbour (R) signed an omnibus abortion bill. The measure would ban abortion except in cases of life endangerment or rape if Roev. Wade were overturned. The measure—which would also amend the state’s parental consent requirement, institute expensive clinic mandates and amend counseling procedures—passed the legislature in February.

MISSISSIPPI: In February, a committee in the House defeated a measure that would have banned abortion except when the woman’s life is endangered or the pregnancy was the result of rape or incest. The measure passed the Senate in February.

NORTH DAKOTA: In January, the House passed a bill that would ban abortion if Roe v. Wade is overturned. Although the measure does not include any exceptions, it would explicitly permit a physician to avoid conviction if the procedure had been performed because the woman’s life had been endangered. The measure is awaiting Senate action.

SOUTH DAKOTA: In February, a committee in the Senate defeated a measure that would have banned abortion except in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions. The bill passed the House in February.

UTAH: In February, the legislature defeated a measure that would have banned abortion if Roe v. Wade were overturned. The bill would have allowed abortion in cases of life endangerment, rape, incest or substantial threat to one of the woman’s major bodily functions.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have prohibited a pregnant woman from attempting to cause a miscarriage or induce an abortion in an attempt to terminate her pregnancy. The bill passed the House passed in February.

ILLINOIS: In January, a federal judge ordered the state to allow “Choose Life” license plates as an option for motorists in the state. The production and disbursement of the plates are in abeyance pending an appeal.

PENNSYLVANIA: In February, the state began offering “Choose Life” license plates to motorists in the state. The proceeds from these specialty plates will be used to fund adoption and alternatives-to-abortion services.

Crisis
Pregnancy Centers/Alternatives to Abortion

Introduced in 13 states

Bill Status:

Passed at least one chamber in KS, MO, ND, OK and TX

KANSAS: In March, each chamber of the legislature passed nearly identical measures that would appropriate state funds to the "Pregnancy Maintenance Initiative" which funds alternatives to abortion services. The measures are each awaiting action in the opposite chamber.

NORTH DAKOTA: In March, the legislature passed a measure funding alternatives-to-abortion services and related public education activities. The bill is awaiting action from the Gov. John Hoeven (R).

MISSOURI: In March, the House passed a measure that would allocate funds to provide alternatives to abortion for women at or below the 200% of the federal poverty level. The program would offer a range of services to a woman during her pregnancy and for one year following birth. Program funding could not be used for services related to family planning or abortion, and could not be provided to organizations that offer abortions or abortion referrals. The bill is awaiting action in the Senate.

OKLAHOMA: In February, the House passed two measures that would require the Department of Health to disburse monies to an alternatives-to-abortion fund. The bills are awaiting action in the Senate.

TEXAS: In March, the House passed the state budget bill which would allocate $2.5 million for alternatives-to-abortion services. It would also continue the requirement that agencies receiving state funding obtain parental consent before providing minors with prescription contraceptives. The measure is awaiting action in the Senate.

Fetal
Pain

Introduced in 8 states (These bills overlap with bills in the Mandatory Counseling and Waiting Period category.)

Bill Status:

Passed at least one chamber in KY and VA

KENTUCKY: In March, the House adopted a measure that would require state-developed abortion counseling materials to include an unscientific statement on fetal pain. Under the measure, the materials state that, at 20 weeks, a fetus has the "physical structures necessary to experience pain," and that fetuses after 20 weeks’ gestation avoid stimuli in a manner that is similar to the avoidance of pain by a person or infant. The bill failed to pass the House before the legislature adjourned its regular session.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

ARKANSAS: In March, the House passed a bill that would require the state’s abortion counseling materials to include a statement that the woman’s consent should be given voluntarily and not as the result of coercion. The measure is awaiting action in the Senate.

GEORGIA: In March, the House passed a bill that would require a woman seeking an abortion to be offered the opportunity to view any ultrasound performed as part of the preparation for the procedure. The state-developed counseling materials would also include resource information for organizations that provide ultrasounds. The measure is awaiting action in the Senate.

IDAHO: (ENACTED) In March, Gov. C.L. Otter (R) signed a bill that requires abortion providers to offer a woman seeking an abortion the opportunity to view any ultrasound that is conducted in preparation for the procedure. The measure also gives women the right to ask for an ultrasound, even if the provider does not routinely conduct them. The bill passed both chambers in March.

KENTUCKY: In February, the Senate passed a bill that would require that the state-developed abortion counseling materials be “current.” The measure would also require abortion counseling to be provided in person, at least 24 hours before the procedure—in effect necessitating that the woman make two trips to obtain an abortion. The bill failed to pass the House before the legislature adjourned its regular session..

MISSISSIPPI: (ENACTED)In March, Gov. Haley Barbour (R) signed an omnibus abortion measure. The bill requires a provider to perform an ultrasound on a woman seeking an abortion. The woman will be offered the opportunity to view the image, receive a copy of the image and to listen to the fetus’s heartbeat. The final version of the measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends the state’s parental consent requirement—passed the legislature in February.

MISSISSIPPI: In February, the Senate adopted a measure that would require a provider to perform an ultrasound on a woman seeking an abortion. The woman would be offered the opportunity to view the image, receive a photograph of the image, and listen to the fetus’s heartbeat. She would also be required to sign a consent form stating that the ultrasound was performed at least 24 hours before the procedure. The measure was included in an omnibus abortion bill and enacted in March.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have fortified the state’s existing abortion counseling requirement by mandating that counseling materials include information on coerced abortion, public assistance for minors who carry a pregnancy to term and the purported link between having an abortion and developing breast cancer, as well as color pictures of a developing fetus. Other provisions would have amended state law on medication abortion, postviability abortion and parental consent before a minor could obtain an abortion.

SOUTH CAROLINA: In March, the House passed a measure that would require a woman seeking an abortion to view an ultrasound before obtaining the procedure. The bill is awaiting action in the Senate.

SOUTH DAKOTA: In February, a committee in the House defeated a bill that would have required that a woman seeking an abortion be offered the “opportunity to view a sonogram” of her fetus. The bill passed the Senate in February.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and to view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have required that a woman seeking an abortion after at least 20 weeks’ gestation be given information on the ability of a fetus to feel pain and be offered anesthesia for the fetus. Counseling materials offered to all women would also include a statement on the ability of a fetus to feel pain. The measure passed the House in February.

Requirements for State-Directed Counseling
Followed by a Waiting Period

Introduced in 10 states

Bill Status:

Passed at least one chamber in KY and WY

KENTUCKY: In February, the Senate adopted a measure to amend the state’s abortion counseling statute. The measure would require that the counseling take place in person at the clinic; the current law allows counseling via telephone. Combined with the existing 24-hour waiting period, the measure would require the woman to make two trips to the clinic. The measure failed to pass the House before the legislature adjourned its regular session.

WYOMING: In February, the House defeated a measure that would have required a woman seeking an abortion to receive counseling before waiting 24 hours for the procedure.

Medication
Abortion

Minors
Reporting Requirements

Introduced in 8 states

Bill Status:

Passed at least one chamber in WV

Enacted in ID

IDAHO: (ENACTED)In March, Gov. C.L. Otter (R) signed a measure that requires abortion providers to report information on abortions performed on minors and courts to report information on waivers of the state’s parental consent requirement. In addition, the measure requires parental consent before a minor may receive an abortion. The bill, which passed the Senate in February and the House in March, went into effect upon signing.

WEST VIRGINIA: In February, the Senate passed a measure that would require abortion reporting specific to minors’ abortions. The measure would require reports to detail the number of abortions performed on minors with and without parental notification. The measure would also make it more difficult to waive parental notification. The measure failed to pass the House before the legislature adjourned its regular session.

IDAHO: (ENACTED)In March, the House passed and Gov. C.L. Otter (R) signed into law a measure requiring written consent from one parent before an abortion is performed on a minor. The consent requirement can be waived because of a medical emergency or if the pregnancy is the result of rape or incest. The measure allows a minor to petition the court for a waiver. In addition, the measure institutes additional abortion reporting requirements related to parental consent and judicial bypasses. The measure, which passed the Senate in February, goes into effect July 1.

MISSISSIPPI: (ENACTED)In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure imposes a stricter standard for judges to use when deciding to the state’s requirement that a parent consent before a minor’s abortion. The measure—which also bans abortion if Roe v. Wade were overturned, institutes expensive clinic mandates and amends counseling procedures—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The measure would have required minors seeking a judicial bypass of the state’s parental consent requirement to do so only in their home county. It would also have imposed a stricter standard for judges to use when deciding bypass cases. Other provisions in the bill would have amended state law on medication abortion, postviability abortion and abortion counseling.

OKLAHOMA: In March, the House passed a measure amending the state’s parental notification and consent requirement for minors seeking an abortion by requiring parents to both sign a consent form and provide photo identification. The measure would also require that physicians notify a parent of a minor’s abortion no less than 24 hours after performing an abortion due to a medical emergency, unless the minor seeks a waiver in court. Finally, the measure would mandate a stricter standard of judgment for courts adjudicating a minor’s request for a waiver of parental involvement. The measure—which also would narrow the “medical emergency” exception to the state’s requirement for abortion counseling and require additional abortion reporting—is awaiting action in the Senate.

ARIZONA: In March, the House passed a measure that would amend the state’s parental notification requirement for minors seeking an abortion. The measure would require stricter standards of judgment for a court adjudicating a minor’s request for a waiver of the state’s parental notification requirement. The measure is awaiting action in the Senate.

MONTANA: InFebruary, the House passed a measure amending the state’s parental notification requirement. The measure would require that minors without a parent or guardian would still need to obtain a judicial waiver of parental notification before receiving an abortion. A single abusive act, as opposed to a pattern of abuse, would be sufficient to grant judicial bypass under the measure. The measure is awaiting action in the Senate.

NEW HAMPSHIRE: In March, the House passed a measure that would repeal the state’s parental notification mandate for minors seeking an abortion. The enjoined law, which includes no exception for medical emergencies, gained national exposure when it was reviewed by the U.S. Supreme Court in November of last year. The Court remanded the law back to the circuit court where a judge was ordered to approve the law as applied to healthy teens (in effect, writing in a health exception) or declare it unconstitutional. That ruling has been postponed pending the results of this measure in the New Hampshire General Court. The measure is awaiting action in the Senate.

OKLAHOMA: In March, the House passed a measure amending the state’s parental notification and consent requirement for minors seeking an abortion by requiring parents to both sign a consent form and provide photo identification. The measure would also require that physicians notify a parent of a minor’s abortion no less than 24 hours after performing an abortion due to a medical emergency, unless the minor seeks a waiver in court. Finally, the measure would mandate a stricter standard of judgment for courts adjudicating a minor’s request for a waiver of parental involvement. The measure—which also would narrow the “medical emergency” exception to the state’s requirement for abortion counseling and require additional abortion reporting—is awaiting action in the Senate.

WEST VIRGINIA: In March, a committee in the House defeated a measure that sought to amend the state’s current parental notification policy. The measure would have required 48 (instead of 24) hours’ notice, repealed a clause allowing physicians to waive notification when it is not in the best interest of the minor, and required more detailed reporting information from physicians after performing an abortion on a minor. The measure, which passed the Senate in February, is now dead.

Physician-Only
Requirements

Postviability Abortion

NORTH DAKOTA: In January, the House defeated an omnibus abortion measure. The bill would have raised penalties for killing a fetus born alive as a result of an abortion. Other provisions would have amended state law on medication abortion, abortion counseling and parental consent for minors obtaining an abortion.

Public Funding of Abortion for Low-Income Women

MARYLAND: InMarch, the legislature passed a measure that would reenact current restrictions prohibiting public funding of abortion unless the pregnancy is the result of incest or rape, the woman’s life is at risk, the fetus is affected by a serious abnormality, or the women’s physical and mental health is at grave risk. The bill is awaiting action from the Gov. Martin O’Malley (D).

VIRGINIA: In February, a conference committee deleted a provision in the state’s budget bill, which would have tightened the restrictions on publicly funded abortions by removing fetal abnormality as an allowable condition for funding. Current policy prohibits public funding of abortion except in cases of life endangerment, rape, incest and fetal abnormality. The version that passed the House in February had included the provision.

Reporting
Statistical Information to State Agencies

OKLAHOMA: In March, the House passed a measure that would require abortion providers to report extremely detailed information on abortion counseling to the health department. The measure would require reports on the number of women receiving state abortion counseling materials and the number of abortions exempted from the counseling requirement because of a medical emergency. In addition, the measure would also narrow the definition of “medical emergency” by limiting it to only a physical condition that could cause major impairment of a bodily function or death. The bill—which also amends parental consent and notification policy—is awaiting action in the Senate.

Requiring
Abortion Providers to Have Hospital Privileges

Stem-Cell and Embryo Research

Introduced in 28 states

Bill Status:

Passed
at least one chamber in DE, IL, MT, NM, NY and VA

Enacted in IA

DELAWARE: In March, the Senate passed a measure that would that would allow stem cell research, ban cloning and establish a committee charged with overseeing stem cell research performed in the state. The measure explicitly prohibits the purchase or sale of fetal tissue. The bill is awaiting action in the House.

ILLINOIS: In March, the House passed a measure that would allow stem cell research, ban cloning and establish a committee to disperse state funds to research institutions for stem cell research. The measure explicitly prohibits the purchase or sale of fetal tissue. The bill is awaiting action in the Senate.

ILLINOIS: In February, the Senate passed a measure that would allow stem cell research, ban human cloning, and set up committees charged with funding and overseeing the research. The measure explicitly prohibits the purchase or sale of fetal tissue. The measure is awaiting action in the House.

IOWA: (ENACTED) In February, the legislature enacted a measure that would allow stem cell research and ban human cloning. The measure was signed by Gov. Chet Culver (D).

MONTANA: In January, the House passed a measure that would prohibit human cloning. The measure would not restrict stem cell research and does not apply to in vitro fertilization. It is awaiting Senate action.

NEW MEXICO: In March, the Senate passed a measure that would allow stem cell research and ban cloning. The measure failed to pass the House before the legislature adjourned for the year.

NEW YORK: In March, the legislature passed a measure that would establish an institute which would disburse state monies for stem cell research. No funds shall be used for human reproductive cloning. The bill is awaiting action from the Gov. Eliot Spitzer (D).

VIRGINIA: In February, the House passed a measure that would have created a nonprofit corporation to support academic research and allowed it to fund stem cell research. The measure failed to pass the Senate before the legislature adjourned for the year.

Targeted
Regulation of Abortion Providers

Introduced in 14 states

Bill Status:

Passed
at least one chamber in IN, SC, SD and VA

Enacted in MS

INDIANA: In February, the Senate passed a measure targeting abortion providers in the state. The measure would require any physician performing abortions in the state to have admitting privileges at a hospital within the county or neighboring counties. The measure is awaiting action in the House.

MISSISSIPPI: (ENACTED)In March, Gov. Haley Barbour (R) signed into law an omnibus abortion bill. The measure requires an abortion provider purchase expensive ultrasound equipment and perform an ultrasound on a woman seeking an abortion. The measure—which also bans abortion if Roe v. Wade were overturned, amends counseling procedures and amends the state’s parental consent requirement—passed the legislature in February. All sections of the measure except the abortion ban go into effect in July.

MISSISSIPPI: In February, the Senate passed a measure that would require abortion providers to purchase ultrasound equipment and to perform an ultrasound on each woman seeking an abortion at least 24 hours before the procedure. The measure was included in the enacted omnibus abortion bill.

SOUTH CAROLINA: In March, the House passed a measure that would require abortion providers to purchase ultrasound equipment. The provider would have to perform an ultrasound on each woman seeking an abortion and review the ultrasound with her. The measure is awaiting action in the Senate.

SOUTH DAKOTA: In February, a committee in the Senate defeated a bill that would have required abortion providers to purchase ultrasound equipment. Providers would have had to offer each woman seeking an abortion the opportunity to view a sonogram image of the fetus. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a bill that would have required abortion clinics to have ultrasound equipment on site and to offer women the opportunity to have an ultrasound performed and view the image. The bill passed the House in February.

VIRGINIA: In February, a committee in the Senate defeated a measure that would have reclassified facilities that perform 25 or more first-trimester abortions annually as ambulatory surgical facilities, which would have required them to meet stricter inspection and building codes. The measure, which passed the House in January, is now dead.

Abortion-Related Restrictions on Family Planning Funds

COLORADO: (ENACTED) In March, Gov. Bill Ritter (D) signed the budget bill for the Department of Public Health and the Environment, including the longstanding prohibition on state family planning funds going to organizations that provide abortion services with their own funds. The measure passed the Senate in February and the House in March.

OKLAHOMA: In March, the House adopted a measure that would prohibit the use of state funds and federal funds passing through the state treasury from being used to counsel about or encourage abortion, unless the woman’s life is endangered or funding is necessary to participate in a federal program, such as Title X. The bill would also prohibit the participation of state employees and the use of state facilities in abortions, other than those to save the life of the woman. The bill is awaiting action from the Senate.

TEXAS: In March, the House passed the state budget bill which would continue the state’s policy of prohibiting organizations that provide abortion services from receiving family planning funds. It would also continue the requirement that agencies that receive state funding obtain parental consent before providing minors with prescription contraceptives. The bill would also fund alternatives-to-abortion services. The measure is awaiting action in the Senate.

Contraceptive Coverage Mandates

OREGON: In March, the House adopted a measure that would mandate health plans that provide coverage for prescription drugs to cover prescription contraceptives. Under the measure, religious employers could refuse coverage if their primary purpose is the inculcation of religious values, they primarily employ and serve people with the same values, and are nonprofit entities under federal law. The bill also would require a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication itself, when requested by the woman. The bill is awaiting action in the Senate.

ARKANSAS: In March, the Senate passed a bill that would require hospitals to provide women who have been sexually assaulted with information about emergency contraception. The measure would permit an individual medical provider to refuse because of a religious or moral objection. The measure is awaiting action in the House.

COLORADO: (ENACTED)In March, Gov. Bill Ritter (D) signed legislation that requires hospitals to provide information about emergency contraception to women who have been sexually assaulted; it does not require hospitals to provide the medication itself. The bill allows a medical professional to refuse to provide the information because of a religious or moral objection. Pharmacies must post a notice when nonprescription emergency contraception is out of stock. The final version of the measure passed both chambers of the legislature in February.

HAWAII: In March, the Senate adopted a measure that would require hospitals to provide medically accurate information on emergency contraception to a woman who has been sexually assaulted. The measure would also require hospitals to provide the medication when requested by the woman. The measure is awaiting action in the House.

OREGON: In March, the House adopted a measure that would require a hospital to provide a woman who was sexually assaulted with information on emergency contraception and the medication when requested. The bill also would mandate coverage of contraceptives within health plans. It is awaiting action in the Senate.

SOUTH DAKOTA: In February, the Senate adopted a measure that would require the state to develop “medically and factually accurate and objective” informational materials on emergency contraception for distribution to women who have been sexually assaulted. The measure would permit a facility or individual to refuse to provide these materials because of a religious or ethical objection. The bill is awaiting action in the House.

Allowing
Pharmacists to Provide Emergency Contraception without a Prescription

Introduced in 3 states

Expanding
Access to Emergency Contraception

Introduced in 3 states

Bill Status:

Passed at least one chamber in HI

HAWAII: In March, the House adopted a measure that would require the Department of Human Services to directly reimburse pharmacies for emergency contraception provided without a prescription to Medicaid recipients. The bill is awaiting action in the Senate.

Requiring
Pharmacists or Pharmacies to Dispense Contraception

HPV: Insurance Coverage

ILLINOIS: In March, the Senate adopted a measure that would require health plans to cover the HPV vaccine. The bill is awaiting action in the House.

IOWA: In March, the Senate passed a bill that would require health plans to cover the HPV vaccine. The measure is awaiting action in the House.

NEW MEXICO: In March, the House adopted a measure that would require that health plans cover the HPV vaccine for girls aged 9–14. The bill passed the Senate in February and it is awaiting action by Gov. Bill Richardson (D).

HPV: School Entry Requirements

Introduced in 25 states and Washington DC

Bill Status:

Passed at least one chamber in KY, NM, TX and VA

Governor executive order in TX

KENTUCKY: In February, the House passed a measure that would require HPV vaccination for middle school attendance. Parents could withhold consent to the vaccination. The measure failed to pass the Senate before the legislature adjourned its regular session.

NEW MEXICO: In March, both chambers of the legislature passed a bill that would require girls entering the sixth grade to receive the HPV vaccine as long as her parent consents. The bill is awaiting action by Gov. Bill Richardson (D).

TEXAS: In March, the House adopted a bill that would negate the governor’s executive order requiring girls entering middle school to be vaccinated against HPV by prohibiting a requirement for HPV vaccination for entry into elementary or secondary school. It is awaiting action in the Senate.

TEXAS: In February, Gov. Rick Perry (R) issued an executive order that requires HPV vaccination before a girl may enter the 6th grade. Parents can withhold consent if they have a religious or conscientious objection.

VIRGINIA: In February, both chambers of the legislature adopted two identical measures that would require HPV vaccination for middle school attendance. Parents could refuse to have their daughters vaccinated. The measure is awaiting action by Gov. Tim Kaine (D).

State
Medicaid Family Planning Eligibility Expansions

NEW HAMPSHIRE: In March, the House adopted a bill that would require the state Department of Health and Human Services to seek approval from the federal Centers for Medicare and Medicaid Services to expand eligibility for Medicaid family planning services. The measure is awaiting action in the Senate.

VIRGINIA: In February, the legislature adopted a measure directing the state to seek to expand Medicaid eligibility for family planning services for individuals with incomes of up to 200% of the federal poverty level. The state currently has a more limited Medicaid family planning expansion that extends coverage for two years following a Medicaid-funded delivery. The bill is awaiting action by Gov. Tim Kaine (D).

PREGNANCY & BIRTH

Fetal and Pregnant Woman Assault

INDIANA: In February, the Senate passed a measure that would increase battery charges for knowingly assaulting and causing injury to a pregnant woman. The measure is awaiting action in the House.

KANSAS: In March, the Senate amended and passed a measure that would change murder, manslaughter, vehicular manslaughter and battery laws to include an “unborn child” from fertilization to birth. The measure, which did not originally include the fetal assault provision, is awaiting concurrence by the House.

KANSAS: In February, the House passed a measure that would define a fetus of any gestational age as a human being for criminal statutes regarding homicide, manslaughter and battery. The measure is awaiting action in the Senate.

VIRGINIA: In February, a Senate committee defeated a measure that would have created the crime of unintentionally causing miscarriage or stillbirth. The bill was amended and passed the House in February and is now dead.

WYOMING: In March, Gov. Dave Freudenthal (D) vetoed a measure that would have created the crime of homicide of an unborn child or fetus. This new crime would have applied only when the mother was killed as well. The measure, which passed the legislature in February, is now dead.

HIV
Testing of Infants and Pregnant Women

Introduced in 9 states

Bill Status:

Passed at least one chamber in GA, MD and NJ

GEORGIA: In March, the House adopted a bill that would require physicians to test pregnant women for HIV either during prenatal care or at delivery unless the woman refuses. The woman would be provided with information about the test and her right to refuse. If the woman is HIV positive, she would be given information about counseling and medical services. It is awaiting action in the Senate.

MARYLAND: In March, the legislature passed a measure that would require physicians to report the birth of any infant whose mother is HIV positive. The infant’s name would be removed from the HIV registry if he or she does not test positive within 18 months. The bill is awaiting action by Gov. Martin O'Malley (D).

NEW JERSEY: In March, the House passed a measure that would establish a program to provide counseling and information to pregnant women who are HIV positive. The counseling would include prenatal and postnatal care to reduce the likelihood of HIV transmission. The bill is awaiting action in the Senate.

Infant Abandonment

HAWAII: In March, the House passed a measure that would allow a person to leave an unharmed infant no more than 72 hours old at a hospital, fire station or police station, and be immune from prosecution for child abandonment. The professional receiving the infant would be required to inquire about the child’s medical history and provide information on social services to the person relinquishing the infant. The bill is awaiting action in the Senate.

ILLINOIS: In March, the House passed a measure that would prohibit an individual accepting an infant from publicly discussing the circumstances surrounding an infant’s legal surrender. The bill is awaiting action in the Senate.

NEW MEXICO: In March, the Senate passed a measure that would amend current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. This bill also expands the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. No further action is expected since the legislature has adjourned its regular session.

Infertility
Coverage

Nonmedical
Use of Ultrasound

Stillborn Certificates

Introduced in 3 states

Bill Status:

Passed at least one chamber in NM

Enacted in SD

NEW MEXICO: In March, the House passed legislation that would that would allow a woman who has a miscarriage after 20 weeks gestation to receive a certificate of birth resulting in a stillbirth if she desires. The stillbirth would not be recorded as a death for purposes of the state’s vital statistics reports. No further action is expected, since the legislature has adjourned its regular session.

SOUTH DAKOTA: (ENACTED)In March, Gov. Mike Rounds (R) signed into law a measure that will allow women who lose a fetus after 20 weeks’ gestation to seek a certificate of birth resulting in a stillbirth. The certificate will not be mandatory and will not count toward statistical reporting in the state. The measure, which passed the House and Senate in February, goes into effect in June.

Substance Abuse During Pregnancy

ARKANSAS: In March, the legislature passed a measure that would allocate $5 million over two years to expand substance abuse treatment services for pregnant women and women with children. The measure is awaiting action from the Gov. Mike Beebe (D).

MARYLAND: In March, the Senate passed a measure that would amend current policy to state that a child is “not receiving proper care” if he or she is born exposed to methamphetamine or if the mother tests positive for methamphetamine upon admission to the hospital for delivery of that infant. The bill is awaiting action in the House.

MONTANA: In March, the legislature passed a measure that would require individuals operating in a professional capacity to report to the health department if they know of an infant affected by drug exposure. The measure is awaiting action from Gov. Brian Schweitzer (D).

NEW MEXICO: In March, the Senate passed a measure that would expand the state’s definition of child abuse to include a newborn’s addiction to methamphetamine. The bill would also amend current policy to allow an individual to face separate charges for either abandoning or abusing multiple infants or children. No further action is expected, since the legislature has adjourned its regular session.

WYOMING: In February, the House passed a measure that would define exposing a fetus to methamphetamine as placing it in imminent danger, thus making the mother subject to prosecution. The bill would also allow treatment centers and courts to give priority to treating or hearing cases involving pregnant women. The measure failed to pass the Senate before the legislature adjourned its regular session.

YOUTH

Child Abuse Reporting

Introduced in 6 states

Bill Status:

Passed at least one chamber in MS

MISSISSIPPI: In February, the Senate passed a measure that would require any healthcare worker or school employee with knowledge of a statutory rape to report the crime to the appropriate law enforcement agency. The measure is awaiting action in the House.

Minors
Access to Reproductive Healthcare

HAWAII: In March, the House passed a measure that grants minors not under the care of an adult the right to consent to health care. Under the measure, minors between the ages of 14 and 17 not under the care, control or support of an adult could consent to nonsurgical health care. The measure is awaiting action in the Senate.

NORTH DAKOTA: In March, the House failed to pass a measure that would have guaranteed a minor’s right to consent to care related to the detection or treatment of pregnancy. Under the measure, physicians would have had the right to notify a minor’s parents only if she were first informed and the notification was deemed necessary because of prolonged hospitalization or a threat to the minor’s physical or mental health. The measure, which passed the Senate in January, is dead.

Sex Education

COLORADO: In February, the House adopted a measure that would establish requirements for school districts offering sex education. Any instruction would describe abstinence as the “only certain way and most effective way to avoid pregnancy” and STIs. Abstinence is defined to exclude any sexual activity, including “genital skin-to-skin” contact. The bill would also require education on the risks and benefits of contraceptive methods, including emergency contraception. It is awaiting action in the Senate.

HAWAII: In March, the Senate passed legislation that would require sex education funded by the state to be medically accurate and age appropriate, and to include information on both abstinence and contraception. The bill is awaiting action in the House.

IOWA: In March, each chamber of the legislature adopted a bill on sex education. The Senate passed legislation that would require HIV education to be medically accurate and age appropriate. The House adopted a measure that would require sex education to be age appropriate and medically accurate, and require education on STIs to include information on HPV and the HPV vaccine. Each measure is awaiting action in the opposite chamber.

NEW YORK: In March, the Assembly adopted a measure that would establish a grant program for comprehensive sex education that would fund agencies such as public schools and community-based organizations. Funded programs would have to be age appropriate and medically accurate, provide information on contraceptives, educate students about HPV, encourage family communication, provide instruction on physical changes in adolescence, and seek to develop interpersonal, decisionmaking and communication skills. Programs could not promote religion and must teach that abstinence is the “only sure way” to avoid pregnancy or STIs. The measure is awaiting action in the Senate.

WASHINGTON: In March, the Senate passed a bill that would require all sex education to meet guidelines issued by the state in 2005. These guidelines required that programs be medically accurate and age appropriate, and discuss both abstinence and contraception as methods to avoid unintended pregnancy and STIs. The bill is awaiting action in the House.